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Two Myanmar Men Convicted of Koh Tao Murders and Rape; Death Sentence For Both

Zaw Lin and Wai Phyo at a police news conference on Tao island, Oct. 3 2014

SAMUI — The court today found two Myanmar workers guilty of killing two British backpackers in southern Thailand more than a year ago.

The court on Samui island this morning ruled that there is sufficient evidence to implicate the two defendants, Zaw Lin and Wai Phyo, in the double murder of British nationals David Miller and Hannah Witheridge in September 2014.


Koh Tao Murders: Court Says DNA Trumps Other Flaws in Case


Although there were no direct witnesses, the defendants' DNA traces that were found at the crime scene and on Witheridge's body was enough to prove their guilt, according to the court. 

The court said the DNA test performed by police was accurate and up to international standard. Forgery of DNA test during the process was highly unlikely, the court added.

The case has since attracted intense media coverage and public scrutiny, largely because of Thailand's long history of mistrials and convicted individuals who later turned out to be police's "scapegoats." 

Miller, 24, and Witheridge, 23, were found dead on Sai Ree Beach on Koh Tao in the early morning of Sep. 15, 2014. Two weeks after the murders, Zaw Lin and Wai Phyo were arrested and identified as the killers. The pair were also accused of raping Witheridge. 

Zaw Lin and Wai Phyo have been held at a prison on Samui island since their arrests. They have both been sentenced to death for the double murder and also for the rape of Witheridge. Additionally Wai Phyo was convicted of entering the kingdom illegally and the theft of Miller's phone. 

The phone was eventually found smashed in Wai Phyo's residence, the verdict said. For the alleged destruction of the phone, the court ordered Wai Phyo to pay 15,000 baht in compensation to the Miller family. 

The two migrant workers, who are both 22, initially confessed to the crimes after going through police interrogation without any lawyers or a qualified interpreter. The two men later retracted their confession once they received pro-bono legal assistance from the Lawyers Council of Thailand. 

The defendants’ lawyers have been urging the court to dismiss the charges against the two men, arguing that forensic evidence fails to link the the defendants to the crime scene. But their argument today proved insufficient to sway the court.

Reaction

Migrant rights activist Andy Hall, who worked with the defense lawyers, said they plan to appeal the guilty verdict. Appeals for criminal conviction must be filed within 30 days.  

If the Court of Appeals declined to accept the appeal, top defense lawyer Nakhon Chompuchart said he will do so at the Supreme Court instead.

"We will fight this case to the very end," Nakhon said. 

The family of Miller were in attendance at the court today. Also present were mothers of the two defendants. Witheridge's family did not attend the ruling.  

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The family of David Miller reading a statement outside Samui court after the trial verdict on Dec. 24. 

After the verdict had been read out, Michael Miller, older brother of David Miller, read out a statement to the press. In the statement, made on behalf of his family, Miller said that the family believed that the verdict was "correct". He went on to say that the family had kept an open-mind throughout the trial and listened to the evidence. 

Miller said that the trial is not a "shambles" as some people had claimed on social media. The family also added that they believed that the two defendants had shown no remorse for their actions throughout the trial. The Miller family declined to answer any questions from the media outside the court.

Asked to comment on the Miller family statement, Nakhon, the defense lawyer, said that his two clients restrained themselves from showing any emotion in the court room, following his advice to "be strong for their moms." 

"They don't show or feel remorse because they believe they are innocent," he added. 

Family members of the two Myanmar men found guilty of the double murder were too anguished to speak to the press today. The mothers of Zaw Lin and Wai Phyo could be seen weeping outside the court.

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The mothers of Zaw Lin and Wai Phyo react to the verdict. 

Zaw Lin and Wai Phyo are expected to be moved to either Surat Thani or Nakhon Si Thammarat provincial prisons. It is likely to be betweeen six months and one year before knowing whether their appeal will be accepted or not. 

 

Related news:

Koh Tao Murders: Defense Asks Court to Drop Charges

Koh Tao Murders: DNA on Weapon ‘Does Not Match’ the Accused

Lack of Evidence, Local Media Coverage Adds to Mystery of Koh Tao Murder

Koh Tao Trial Resumes, Court Shown Footage of Victims’ Final Night

Koh Tao Murder: Top Forensic Scientist to Testify for Defense

Koh Tao Murders: Newspaper Apologizes for Implicating Official’s Son

 

To reach us about this article or another matter, please contact us by e-mail at: [email protected].

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Junta Reaffirms Will Hand Back Power in 2017

Gen. Prayuth Chan-ocha prays at a shrine in Government House on Sep. 9, 2014, upon his appointment as Prime Minister.

By Amy Sawitta Lefevre and Panarat Thepgumpanat
Reuters

BANGKOK — Junta chairman Prayuth Chan-ocha gave a sweeping year-end speech today in which he reiterated that the junta will hand back power in 2017 and that it was entering "phase two" of its reform plan.

The junta has repeatedly delayed planned elections, claiming the country is not yet stable enough to hold a poll.

Prayuth said the junta was sticking to its plan to hand back power in 2017.

"We have one year and six months left starting January 2016 to July 2017 and the government will lay the foundations for the things it did not do and if it cannot complete them they will be put in the reform plan," he said in a televised speech.

"We are entering phase two now."

 

The military government, led by coup-maker Prayuth, has stifled dissent and has gone hard after critics of the monarchy by using a harsh royal insult law to detain dozens of people, prompting stern criticism from rights groups, the United Nations and Western governments.

Nineteen months after the coup it is struggling to revive Thailand's export-dependent economy.

Despite announcing big-spending on large road and railway projects, domestic demand remains weak and record-high household debt is hurting Southeast Asia's second-largest economy.

The junta continues to wield wide-ranging powers under a special security measure that allows security forces to make arrests without court warrants and detain people without charge.

Prayuth addressed accusations of rights abuses in his speech saying it was not his fault if dissenters violate the security order.

"The law says you can't do this and they still do it," said a visibly angry Prayuth. "Then they say I violate human rights."

Despite an order that bans public gatherings, open opposition to the junta has increased over the past year.

Additional reporting by Aukkarapon Niyomyat and Pairat Temphairojana

 

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Junta Reaffirms Will Hand Back Power in 2017

Junta chairman Prayuth Chan-ocha giving a speech at Government house this morning. Photo: khaosod.

By Amy Sawitta Lefevre and Panarat Thepgumpanat
Reuters

BANGKOK — Junta chairman Prayuth Chan-ocha gave a sweeping year-end speech today in which he reiterated that the junta will hand back power in 2017 and that it was entering "phase two" of its reform plan.

The junta has repeatedly delayed planned elections, claiming the country is not yet stable enough to hold a poll.

Prayuth said the junta was sticking to its plan to hand back power in 2017.

"We have one year and six months left starting January 2016 to July 2017 and the government will lay the foundations for the things it did not do and if it cannot complete them they will be put in the reform plan," he said in a televised speech.

"We are entering phase two now."

 

The military government, led by coup-maker Prayuth, has stifled dissent and has gone hard after critics of the monarchy by using a harsh royal insult law to detain dozens of people, prompting stern criticism from rights groups, the United Nations and Western governments.

Nineteen months after the coup it is struggling to revive Thailand's export-dependent economy.

Despite announcing big-spending on large road and railway projects, domestic demand remains weak and record-high household debt is hurting Southeast Asia's second-largest economy.

The junta continues to wield wide-ranging powers under a special security measure that allows security forces to make arrests without court warrants and detain people without charge.

Prayuth addressed accusations of rights abuses in his speech saying it was not his fault if dissenters violate the security order.

"The law says you can't do this and they still do it," said a visibly angry Prayuth. "Then they say I violate human rights."

Despite an order that bans public gatherings, open opposition to the junta has increased over the past year.

Additional reporting by Aukkarapon Niyomyat and Pairat Temphairojana

 

To reach us about this article or another matter, please contact us by e-mail at: [email protected].

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New Year Gift for Cyclists: Suvarnabhumi Bike Lane Returns Saturday

A glimpse of the newly renovated sky lane that will open Saturday. Photo: Sky Lane Thailand / Facebook
A glimpse of the newly renovated sky lane that will open Saturday. Photo: Sky Lane Thailand / Facebook

SAMUT PRAKAN — Airports of Thailand announced yesterday that their green bicycle lane will reopen Saturday after seven months of renovation.

After being closed since June 8, Suvarnabhumi bike lane, known as “Green Lane” will be officially reopened under the new name “Sky Lane.” The surface has been repainted in blue, and with a 500 million baht budget provided by Siam Commercial Bank, the 23.5-kilometer bicycle track has also upgraded to be smoother and reflective at night.

“In the first phase, both the full 23.5-kilometer and shorter 1.6-kilometer track will be open from 6am to 6pm,” said Airports of Thailand Chairman Prasong Poonthanet, according to Dailynews.

Prasong said the opening hours will be extended to 10pm early next year after lighting along the track is installed. The new opening will also introduce “SNAP”, a wristband using radio-frequency identification (RFID) technology to track access of the cyclist, which they claimed would improve security and convenience. Mr. Prasong said each cyclist must register with their national ID card or passport to receive a snap wristband that acts as a permit for the Sky Lane.

 

Other facilities such as bicycle service points and places to sell food and beverages were added during the renovation. Its parking lot was also expanded to accommodate approximately 1,500 cars.

The bike lane around Suvarnabhumi airport was first opened to the public in March 2014 and it is claimed that there were up to 600 people using it on weekdays, prior to the renovation. Entry to the freshly renovated bike lane will be free.

Regarding the newly renovated Terminal 2 at Don Mueang Airport, Prasong also reassured people that it is ready for the opening tomorrow. Though some of the restrooms, shops and restaurants are still under construction, the chairman confirmed that it would all be finished by the end of February, 2016.

 

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Supreme Court Affirms Guilty Lese Majeste Verdict for Prachatai

Chiranuch Premchaiporn, Prachatai's Director, in front ofthe Criminal Court on Ratchadapisek Rd, Bangkok, on 23 December 2015 (Prachatai English photo)

(Prachatai English)

BANGKOK — The Supreme Court for the first time ruled on a case against an internet intermediary, finding the Prachatai director guilty for failing to delete lese majeste comments on the now-defunct Prachatai web forum. 
 
At the Criminal Court on Ratchadapisek Rd, Bangkok, the Supreme Court on Wednesday morning, 23 Dec. 2015, confirmed the earlier verdicts from the Court of Appeal and the Court of First Instance, sentencing Chiranuch Premchaiporn, Director of Prachatai, to eight months imprisonment and a 20,000 baht fine with a jail term suspended for one year. The suspension period finished in 2013. 
 
In the courtroom, an officer from the European Union and delegates from the embassies of the U.S., Germany, Sweden, and France came to observe the verdict reading.

Read the rest of the story at Prachatai English.

Note: Khaosod English is not responsible for content on other websites.
 

 

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Van Driver Seen Stabbing At Reporter Surrenders, Gets Fined

Anan Charoenkham (left) apologized to his victim Bancha Eiammeechai yesterday at Ayutthaya Police Station (photo by Matichon)

Teeranai Charuvastra
Staff Reporter

AYUTTHAYA — The public van driver who attempted to stab a TV reporter in Ayutthaya province with a knife for honking his horn at him has surrendered himself to police and apologized to his victim.

Although the driver, Anan Charoenkham, 45, was initially charged with attempted murder, the charge was dropped at the request of the victim, police say. His punishment was reduced to a 2,500 baht fine and a possible sanction by the Department of Land Transport in the province.

Anan surrendered himself to police at Ayutthaya Police Station on Tuesday morning, said an officer at the station, Col. Ekkarat Uncharoen. 

The suspect reportedly confessed to attacking Thai PBS reporter Bancha Eiammeechai on Monday after the reporter honked his horn at him. According to Col. Ekkarat, Anan said he reacted with a momentary flash of rage. 

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Anan also apologized in person to Bancha yesterday at the police station, and in return Bancha withdrew the criminal charge against the van driver. 

“The criminal charge is now over … Both parties negotiated and they were satisfied with the outcome,” Col. Ekkarat said today.

Nevertheless, Anan was still fined 2,500 baht on counts of carrying a weapon into a residential area, attempted physical assault and behaving in an aggressive manner towards other motorists. The Department of Land Transport is also deliberating other possible punishments for Anan, Ekkarat said. 

 

Related news:

‘Gun’ was Just a Box, Angry Driver Protests

Hit-and-Run Van Driver Confesses to Killing German

Public Van Driver Fined For Speeding, Taunting Passengers 

 

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Drug Suspect Dies in Military Custody; Family Suspects Foul Play

Rescue workers carry the body of Urai Sattanont on Dec. 21 in Roi Et province (photo provided by Urai's family)

ROI ET — A man arrested by soldiers in Roi Et province on suspicion of selling drugs was found dead in custody on Monday, prompting cries of foul play from his family.

Urai Sattanont, 40, is the fourth suspect to die under suspicious circumstances in military custody in the past two two months, a trend that disturbs civil rights activists in the Kingdom, where a military government has been in power since May 2014. 

Police said soldiers arrested Urai on Dec. 20 and took him to an outpost in the province for interrogation. By 6.00am on the following day, Urai was found dead in his bed, said Lt.Col. Suriya Yodwong, an officer at a local police station. 

“The military said they do not yet know the [exact] cause of death. They said he died in his sleep,” Police Lt.Col. Suriya said over telephone today. 

His body was sent for an autopsy at Srinakarin Hospital in neighboring Khon Kaen province on Dec. 21 and later returned to Urai’s family, though doctors have not yet specified when the result will be announced, Suriya said. 

Maj.Gen. Sathaporn Baipluthong, commander of the military force in Roi Et province, said military intelligence identified Urai as a drug dealer, so he dispatched soldiers to make the arrest at 9pm on Dec. 20. According to Sathaporn, Urai was found with eight ya ba pills on his person, and he was "fully cooperative" throughout the interrogation.

Soldiers detained him at the command post overnight, and in the morning, he was found dead, the major general said. He added that he is awaiting for the autopsy report, and vowed to treat the case impartially. 

“If the result turns out [to be] that soldiers beat him to death, we will proceed in accordance with the law in a straightforward way. No one will be exempted,” said Maj.Gen. Sathaporn. “I’d like to ask his family not to worry.”

Soldiers as law enforcers 

According to Suriya, the Roi Et police officer, Urai was never wanted by police, and there is no outstanding arrest warrant for him. 

“The military investigated on their own and concluded that Urai is connected to the narcotics trade, so they arrested him,” Police Lt.Col. Suriya told Khaosod English. “They invoked Article 44 to arrest him.” 

He was referring to a special power granted to the military, in April, by junta chairman Prayuth Chan-ocha: Article 44 of the interim charter. Criticized by human rights activists as a martial law by other names, the special order permits soldiers to arrest individuals, search properties and detain suspects in military custody without any court warrant.

After seizing power from an elected government in May 2014, the junta has also deployed soldiers to act as law enforcement officers alongside police, arresting petty criminals, manning checkpoints and even directing traffic on major roads in Bangkok. 

Asked whether it is common for soldiers to arrest alleged ya ba peddlers like Urai, Police Lt.Col. Suriya said, “Well, both authorities [police and military] can do it. The military can make arrests, and they can detain suspects for interrogation, but they also have to hand the suspects over to police later.” 

In the case of Urai, however, police were not informed about the arrest until after he was found dead in military custody, Suriya said. 

Family cries foul play 

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Rescue workers inspect Urai Sattanont's body in military custody on Dec. 21 (photo provided by Urai's family, with permission to be published)

Urai’s father, Utai Sattanont, said he believes Urai was beaten prior to his death because there were bruises and marks on his body, suggesting an assault. 

The body of Urai was initially sent for an autopsy at a hospital in Roi Et, but his family requested the autopsy to be conducted in Khon Kaen instead, because they feared that local authorities may try to interfere with the hospital in the province, Utai said. 

Urai’s corpse is now being kept in a refrigerated coffin at his family home. His sister, Lamyao Sattanont, said she will not cremate Urai until the autopsy result is revealed. 

Urai’s family also planned to stage a demonstration at a government complaint center in Roi Et yesterday, but police officers arrived at their residence and asked them to wait for the autopsy result first before taking any action. The plan for a protest was eventually abandoned. 

Malichan Mola, a grocery store owner, told reporters she witnessed the moment when Urai was arrested. According to Malichan, Urai was buying some goods at her shop when three men in plain clothes arrived on one motorcycle and asked for his name. 

When Urai confirmed he was the man they were looking for, the men slapped handcuffs on him and made some phone calls. A car later arrived to take Urai away. 

“The men didn’t say anything at all about who they were or where they came from,” Malichan recalled. 

Deaths in custody 

Urai is the fourth known case of death in military custody since October. 

Two high-profile suspects Prakrom Warunprapha and Suriyan ‘Mor Yong’ Sujraritpalawong died in solitary confinement at an army barracks in Bangkok on Oct. 23 and Nov. 7, respectively, according to prison officials. 

Prakrom and Suriyan were accused of defaming the monarchy. Officials said Prakrom committed suicide by hanging himself in his cell, and Suriyan died of a blood infection. No independent autopsy was performed for either men, and their bodies were soon cremated in secret, fueling intense speculation about their deaths on social media. 

The third suspect to die in army custody was Abdullayib Dolah, 42, a Muslim man who was detained on suspicion of aiding the separatist movement in Pattani province. Abdullayib reportedly died at Inkayuth army base on Dec. 4, only one day after his family visited him at the base. 

To the shock of his family, doctors in charge of the autopsy for Abdullayib announced on Dec. 16 that they simply did not know what caused the man to die in custody.

The National Human Rights Commission said it is working with Abdullayib’s family to seek justice over his unexplained death. 

Alarmed by these fatalities, two prominent rights agencies – the United Nations' Human Rights Office for South-East Asia and the Human Rights Watch – have urged the Thai authorities to stop detaining suspects in military facilities. 

The military government has so far dismissed these protests. 

 

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Tax Deduction For Shoppers to be Announced Friday

Central Chidlom in an undated, recent file photo.

BANGKOK — The year is set to end with big smiles on shoppers’ faces as a tax rebate for goods and services costing up to 15,000 baht will be given as a ‘New Year gift.’

According to the Finance Ministry, the promotion will be announced on Friday and will last until the end of the year.

Shoppers need to buy from registered businesses and get a full receipt showing the value added tax (VAT) and a tax invoice. However, alcohol and tobacco products, gas and vehicles are excluded from the deduction.

Finance Minister Apisak Tantiworawong is expected to officially announce the ‘New Year gift’ bill at the Revenue Department of the Finance Ministry, this Friday, Christmas Day.

Yesterday, police announced that traffic tickets will be reduced to 100 baht in 88 police stations in the capital. The bill will last until next month. Don’t forget your gift from junta chairman Prayuth Chan-ocha: his new power ballad, released yesterday.

 

Related News

Traffic Fines Reduced to 100 Baht as ‘New Year Gift’

Prayuth Releases Another Patriotic Ballad

 

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Dotcom Can Be Extradited to US, New Zealand Court Rules

German-Finnish Internet entrepreneur Kim Dotcom looks on during a hearing at the Auckland District Court, in Auckland, New Zealand, 08 Oct. 2015. Photo: Geraldine Clermont / EPA

WELLINGTON — Internet entrepreneur Kim Dotcom lost his legal battle today to avoid extradition to the U.S. to face corruption charges, news reports said.

A New Zealand court found there are reasonable grounds for extradition to take place, the New Zealand Herald and other local media reported.

Dotcom and three other defendants – Mathias Ortmann, Bram van der Kolk and Finn Batato – have been involved in a lengthy legal battle to avoid returning to the U.S. to face copyright infringement and other charges after FBI investigations of their Megaupload file-sharing website.

Judge Nevin Dawson, sitting in the Auckland District Court, ruled there was an "overwhelming" amount of evidence that all four defendants have a case to answer.

He gave them 15 days in which to appeal the ruling, the reports said.

Story: DPA

 

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Traffic Fines Reduced to 100 Baht as ‘New Year Gift’

An undated photo of a traffic police officer writing a fine. Photo: “We Love Police Checkpoints.” / Facebook

BANGKOK — 88 police stations in Bangkok will reduce traffic tickets to 100 baht starting today until next month.

Billed as a “New Year gift” to the public, Bangkok police commander Lt. Gen. Sanit Mahatavorn told Manager Online that the promotion is meant to clear a massive backlog of overdue fines.

Under Thai traffic laws, motorists are expected to pay fines within seven days, and driving licenses cannot be renewed unless all fines have been paid first. However, since there is no serious repercussion for overdue fines, many motorists simply chose not to pay the fines for months, if not years.

The exemption will be effective for ‘non-serious’ crimes for which the fine is less than 1,000 baht, such as not having a driving license or not wearing a helmet or seat belt.

However, Sanit said crimes that affect the public such as driving on the sidewalk, DUI and illegal parking if they incur more than 400 baht in fines will still have to face the maximum penalty.

Although some lawyers said this project would encourage people to commit more crimes, Sanit argued that police will still punish those who break traffic laws anyway.

The ‘promotion’ will last until Jan. 15. After that, the fines will return to the previous rates.

 

 

 

 

 

 

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